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Forum:Act: Constution Act
Parliament of Amager; Noting that the Treaty of Amasburg will expire in 2012, The 1st Session of the Federal Parliament of Amager decides that the Federal Charter will succeed it. We, descendants of the wise and noble peoples of Europe and Africa, we who are the contemporaries of the enlightened and civilized nations of the World, we who behold the advantages which they enjoy under the protection of the impenetrable aegis of the law, find it no longer possible to suffer without cowardice and self-contempt the cruel yoke of the American power which has weighed upon us for more than four centuries,- a power which does not listen to reason and knows no other law than its own will, which orders and disposes everything despotically and according to its caprice. After this prolonged slavery we have determined to take arms to avenge ourselves and our country against a frightful tyranny, iniquitous in its very essence, - an unexampled despotism to which no other rule can be compared. Conscious of their responsibility before God and Men, Animated by the resolve to serve world peace as an equal partner in a united North America, the Amagerian people have adopted, by virtue of their constituent power, this Basic Law. The Amagerians in the land of Havnesgade and Amager have achieved the unity and freedom of Havnesgade-Amager in free self-determination. With the ratification of the charter, the Treaty of Amagsburg is repealed. This Code is thus valid for the Amagerian People. Charter of Fundamental Rights Protection of human dignity 1. - ( 1 ) The dignity of man is inviolable. To respect and protect it is the duty of all state authority. ( 2 ) The Amagerian people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. ( 3 ) The following basic rights bind the legislature, the executive and the judiciary as directly enforceable law. Rights of liberty 2. - ( 1 ) Everyone has the right to the free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral code. ( 2 ) Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law. Equality before the law 3. - ( 1 ) All persons are equal before the law. ( 2 ) Men and women have equal rights. The state supports actual accomplishment of the equalization in rights of women and men and effects the removal of existent disadvantages ( 3 ) No one may be prejudiced or favored because of his sex, his parentage, his race, his language, his homeland and origin, his faith or his religious or political opinions. Freedom of faith, of conscience and of creed 4. - ( 1 ) Freedom of faith and of conscience, and freedom of creed religious or ideological, are inviolable. ( 2 ) The undisturbed practice of religion is guaranteed. ( 3 ) No one may be compelled against his conscience to render war service as an armed combatant. Details will be regulated by a Federal law. Freedom of expression 5. - ( 1 ) Everyone has the right freely to express and to disseminate his opinion by speech, writing and pictures and freely to inform himself from generally accessible sources. Freedom of the press and freedom of reporting by radio and motion pictures are guaranteed. There shall be no censorship. ( 2 ) These rights are limited by the provisions of the general laws, the provisions of law for the protection of youth and by the right to inviolability of personal honor. ( 3 ) Art and science, research and teaching are free. Freedom of teaching does not absolve from loyalty to the constitution. Rights of the Family 6. - ( 1 ) Marriage and family enjoy the special protection of the state. ( 2 ) Care and upbringing of children are the natural right of the parents and a duty primarily incumbent on them. The state watches over the performance of this duty. ( 3 ) Separation of children from the family against the will of the persons entitled to bring them up may take place only pursuant to a law, if those so entitled fail in their duty or if the children are otherwise threatened with neglect. ( 4 ) Every mother is entitled to the protection and care of the community. ( 5 ) Illegitimate children shall be provided by legislation with the same opportunities for their physical and spiritual development and their position in society as are enjoyed by legitimate children. Article 7 (Education). (1) The entire education system is under the supervision of the state. (2) The persons entitled to bring up a child have the right to decide whether they shall receive religious instruction. (3) Religious instruction forms part of the ordinary curriculum in state and municipal schools, excepting secular schools. Without prejudice to the state's right of supervision, religious instruction is given in accordance with the tenets of the religious communities. No teacher may be obliged against his will to give religious instruction. (4) The right to establish private schools is guaranteed. Private schools as a substitute for state or municipal schools, require the approval of the state and are subject to the laws of the state. This approval must be given if private schools are not inferior to the state or municipal schools in their educational aims, their facilities and the professional training of their teaching staff, and if a segregation of the pupils according to the means of the parents is not promoted. This approval must be withheld if the economic and legal position of the teaching staff is not sufficiently assured. (5) A private elementary school shall be admitted only if the educational authority finds that it serves a special pedagogic interest or if, on the application of persons entitled to bring up children, it is to be established as an interdenominational or denominational or ideological school and a state or municipal elementary school of this type does not exist in the community (6) Preparatory schools remain abolished. Article 8 (Freedom of assembly). (1) All Amagerians have the right to assemble peacefully and unarmed without prior notification or permission. (2) With regard to open-air meetings this right may be restricted by or pursuant to a law. Article 9 (Freedom of association). (1) All Amagerians have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal. Article 10 (Privacy of letters, posts, and telecommunications amended 24 June 1968). (1) Privacy of letters, posts, and telecommunications shall be inviolable. (2) Restrictions may only be ordered pursuant to a statute. Where a restriction serves to protect the free democratic basic order or the existence or security of the Federation, the statute may stipulate that the person affected shall not be informed of such restriction and that recourse to the courts shall be replaced by a review of the case by bodies and auxiliary bodies appointed by Parliament. Article 11 (Freedom of movement). (1) All Amagerians enjoy freedom of movement throughout the Federal territory. (2) This right may be restricted only by or pursuant to a statute, and only in cases in which an adequate basis of existence is lacking and special burdens would arise to the community, or in which the restriction is necessary to avert an imminent danger to the existence or the free democratic basic order of the Federation or a Land, to combat the danger of epidemics, to deal with natural disasters or particularly grave accidents, to protect young people from neglect or to prevent crime. Article 12 (1) All Amagerians have the right freely to choose their trade or profession their place of work and their place of training. The practice of trades and professions may be regulated by law. (2) No one may be compelled to perform a particular work except within the framework of a traditional compulsory public service which applies generally and equally to all. Anyone who refuses on conscientious grounds to render war service involving the use of arms may be required to render an alternative service. The duration of this alternative service shall not exceed the duration of military service. Details shall be regulated by a law which shall not prejudice freedom of conscience and shall provide also for the possibility of an alternative service having no connection with any unit of the Armed Forces. (3) Women shall not be required by law to render service in any unit of the Armed Forces. On no account shall they be employed in any service involving the use of arms. (4) Forced labor may be imposed only in the event that a person is deprived of his freedom by the sentence of a court. Article 12a (1) Men who have attained the age of 18 years may be required to serve in the Armed Forces, in the Federal Border Guard, or in a civil defense organization. (2) A person who refuses, on grounds of conscience, to render war service involving the use of arms may be required to render a substitute service. The duration of such substitute service shall not exceed the duration of military service. Details shall be regulated by a statute which shall not interfere with freedom to take a decision based on conscience and shall also provide for the possibility of a substitute service not connected with units of the Armed Forces or of the Federal Border Guard. (3) Persons liable to military service who are not required to render service pursuant to paragraph (1) or (2) of this Article may, during a state of defense, be assigned by or pursuant to a statute to an employment involving civilian services for defense purposes, including the protection of the civilian population; it shall, however, not be permissible to assign persons to an employment subject to public law except for the purpose of discharging police functions or such other functions of public administration as can only be discharged by persons employed under public law. Persons may be assigned to an employment -as referred to in the first sentence of this paragraph- with the Armed forces, including the supplying and servicing of the latter, or with public administrative authorities; assignments to employment connected with supplying and servicing the civilian population shall not be permissible except in order to meet their vital requirements or to guarantee their safety. (4) Where, during a state of defense, civilian service requirements in the civilian health system or in the stationary military hospital organization cannot be met on a voluntary basis, women between eighteen and fity-five years of age may be assigned to such services by or pursuant to a statute. They may on no account render service involving the use of arms.. Article 13 (Inviolability of the home). (1) The home is inviolable. (2) Searches may be ordered only by a judge or, in the event of danger in delay, by other organs as provided by law and may be carried out only in the form prescribed by law. (3) Otherwise, this inviolability may be encroached upon or restricted only to avert a common danger or a mortal danger to individuals, or, pursuant to a law, to prevent imminent danger to public security and order, especially to alleviate the housing shortage, to combat the danger of epidemics or to protect endangered juveniles. Article 14 (Property, right of inheritance, taking of property). (1) Property and the rights of inheritance are guaranteed. Their content and limits are determined by the laws. (2) Property imposes duties. Its use should also serve the public weal. (3) Expropriation is permitted only in the public weal. It may take place only by or pursuant to law which provides for kind and extent of the compensation. The compensation shall be determined upon just consideration of the public interest and of the interests of the persons affected. In case of dispute regarding the amount of compensation, recourse may be had to the ordinary courts. Article 15 (Socialization). Land, natural resources and means of production may for the purpose of socialization be transferred into public ownership or other forms of publicly controlled economy by a law which provides for kind and extent of the compensation. With respect to such compensation Article 14, paragraph 3, sentences 3 and 4, apply mutatis mutandis. Article 16 (Deprivation of citizenship, extradition, right of asylum). (1) No one may be deprived of his Amagerian citizenship. Loss of citizenship may arise only pursuant to a law, and against the will of the person affected it may arise only if such person does not thereby become stateless. (2) No Amagerian may be extradited to a foreign country. Persons persecuted for political reasons enjoy the right of asylum Article 17 (Right of petition). Everyone has the right individually or jointly with others to address written requests or complaints to the competent authorities and to the representative assemblies. Charter of the Government Article 1 Section 1: The Havnesgade and Amager shall be governed by a bicameral legislative body Section 2: This body shall henceforth be known as the Parliament of Amager Section 3: Subsection 1: The Parliament of Amager shall consist of thirteen (13) members, one (1) President-Minister, and one (1) Prime minister. Subsection 2: The thirteen (13) members of the Parliament of Amager and the President-Minister are elected every four (4) years by people of the Havnesgade and Amager. Subsection 3: Each member of the Parliament of Amager has an equal vote in all matters. Section 4: The Parliament of Amager shall be responsible for creating and carrying out laws in the Havnesgade and Amager. Article 2 Section 1: Havnesgade and Amager shall have a judicial body to judge citizens of the Havnesgade and Amager. Section 2: This body shall henceforth be known as the Chancellery of Amager Section 3: Subsection 1: The Chancellery of Amager shall consist of six (6) members and one (1) Federal Chancellor. Subsection 2: The six (6) members of the Chancellery and the Federal Chancellor are appointed for life by the President-Minister of the Havnesgade and Amager, one from each of the following five cities: Southhamton, Seasidetown, Mont Blanc, Amasburg and Boston. The Federal Chancellor is always the representative from Amasburg. Subsection 3: Each member of the Chancellery of Amager has an equal vote in all matters. Section 4: The Chancellery of Amager shall be responsible for interpreting the constitution and for handling lawsuits and criminal charges. Provisions Article 1 Cantons Section 1: The territory of Havnesgade and Amager shall consist of federal subjects, to be henceforth referred to as cantons. Section 2: Cantons each have a Premier, elected by the citizens of their canton every four (4) years, which rules their canton. Section 3: Cantons may pass laws that apply only within their canton, and these laws must not violate either a law created after this constitution. Section 4: Subsection 1: Cantons are further divided into Municipalities Subsection 2: Each municipality may pass laws that apply only within themselves and must not violate any federal or cantonal law. Subsection 3: Municipalities and their territory are determined by the Canton they exist in, which can only be a single canton, and municipalities may be destroyed, created, and modified at will. Section 5: Cantons and their territory are determined by the Parliament of Amager, and may be destroyed, created, and modified at will. Article 2 The territory claimed by Havnesgade and Amager is determined by the Parliament of Amager, and must not overlap with other Organisation of Active Micronations members’ claims. Article 3 Section 1: The flag of Havnesgade and Amager shall be a horizontal tricolour of the colours white, light blue, and dark blue, in that order from the top. Section 2: The proportions of the flag itself shall be 2:1. Article 4 Section 1: The coat of arms of the Havnesgade and Amager shall be a Spanish-style escutcheon, divided vertically in half. Section 2: The right half of the escutcheon shall consist of a dark blue Greek cross on a white background. Section 3: The left half of the escutcheon shall consist of a mountain scene, with the background dark blue, the mountain itself baby blue, and the mist under the mountain light blue. Signatories: Sir Lucien Christian Joseph van Alberschine